Environmental Division NEPA Programs Categorical Exclusion (CE)

Transcription

1 Environmental Division NEPA Programs Categorical Exclusion (CE) Project Information Project Name: RTE 7 INTERCHANGE AT BATTLEFIELD PKWY Federal Project#: STP-5A01(704) Project Number: , B601, C501, P101, R201 Project Type: Construction UPC: Charge Number: Route Number: 7 Route Type: Primary Project Limit--From: Approx Miles West of Battlefield Parkway To: Approx Miles East of Battlefield Parkway Additional Project Description: Purpose And Need: The project includes construction of a grade-separated interchange at Route 7 (East Market Street) and Battlefield Pkwy to replace the current signalized intersection; modification of the signalized intersection at Route 7 and Cardinal Park Drive; construction of an eastbound auxiliary lane from Cardinal Park Drive to the proposed Route 7/Battlefield Pkwy interchange and an eastbound auxiliary lane from the proposed Route 7/Battlefield Pkwy interchange to the Crosstrail Blvd/River Creek Pkwy intersection; and the addition of cyclist/pedestrian accommodations along Battlefield Parkway. The project is intended to relieve congestion; improve traffic operations, safety, and pedestrian/vehicle flow; and allow Route 7 to function as a limited-access freeway through the Town of Leesburg in accordance with the Leesburg Town Plan, adopted June 26, 2012, as amended through July District: City/County: Residency: Northern Virginia Leesburg Leesburg Date CE level document approved by VA Division FHWA: 09/27/2017 FHWA Contact: Simkins, John A. Project in STIP: Yes In Long Range Plan? Yes CE Category 23 CFR : d Description of Category: Additional actions which meet the criteria for a CE in the CEQ regulations (40 CFR ) and paragraph (a) of this section may be designated as CEs only after Administration approval unless otherwise authorized under an executed agreement pursuant to paragraph (g) of this section. The applicant shall submit documentation which demonstrates that the specific conditions or criteria for these CEs are satisfied and that significant environmental effects will not result. Logical Termini and Independent Utility: Yes Next Phase of Funding Available? Yes Comments: The project is included in a State Transportation Improvement Program (STIP) and Constrained Long Range Plan (CLRP) grouping for Safety/ITS/Operational Improvements. The improvements are justifiable and are a reasonable expenditure of funds, even if no additional transportation improvements are made. Therefore, the project has independent utility. The project termini are rational endpoints for environmental review and are logical. Typical Section: The project proposes to construct a new grade separated interchange at the existing signalized intersection of Battlefield Parkway and Route 7. The improvements include multiple roadway typical sections as follows: 1.The Route 7 typical section includes three 12-foot through lanes and one 12-foot auxiliary lane in the eastbound direction; a 12-foot additional auxiliary lane in the eastbound direction between Cardinal Park Drive and the ramp to Battlefield Parkway; three 12-foot through lanes and one 12-foot auxiliary lane in the westbound direction; a 12-foot right turn lane in the westbound direction at the Clarion Hotel; and a 12-foot right turn lane in the eastbound direction at Cardinal Park Drive. The inside graded shoulder widths will be 14-foot and the outside graded shoulder widths will be 14-foot in areas where there is no curb and gutter. 2.The Battlefield Parkway typical section includes three 12-foot through lanes in the northbound direction; a 12-foot right turn lane at Russell Branch Parkway and the Potomac Station Shopping center in the northbound direction; two 12-foot left turn lanes to the Route 7 westbound ramps; three 12-foot through lanes in the southbound direction; a 12-foot right turn lane at the Russell Branch Parkway extension; and two 12- foot left turn lanes to the Route 7 eastbound ramps. Curb and gutter is utilized along both northbound and southbound sides along Battlefield Parkway with a 5-foot sidewalk along the southbound side and a 10-foot shared use path along the northbound side Page 1 of 6

2 3.The interchange ramps include pavement widths between 16 to 36 feet, with paved shoulders ranging from 4 to 12 feet. 4.The Keystone Drive typical section is curb and gutter with 30 feet of pavement and a 5-foot sidewalk along the northbound side. 5.The west driveway includes 22 feet of pavement with 8-foot graded shoulders. Structures: The new bridge structure will be 177 feet wide and 200 feet long. The bridge length allows for the possible future widening of Route 7 and of Battlefield Parkway. Mechanically stabilized earth (MSE) walls will be located along Route 7 in both directions at the bridge abutments. MSE walls will also be located along Ramps A and D to avoid impacting the power transmission poles. The project will require a new drainage system including curb inlets, pipes, drop inlets, and culverts. The existing drainage structures will be utilized to the greatest extent feasible; this will include extending existing culverts and existing structure adjustments. Excavation will be required for any structures and foundation requirements, as well as roadside ditches and pipe bedding. SOCIO-ECONOMIC Minority/Low Income Populations: Present with no impact Disproportionate Impacts to Minority/Low Income Populations: No Source: U.S. Census Bureau, American Fact Finder, VDOT Project Manager, Public Hearing Plans Existing or Planned Public Recreational Facilities: Present with no impact Community Services: Not Present Consistent with Local Land Use: Yes Source: Leesburg Town Plan, VDOT Integrator, Leesburg Department of Public Works and Capital Projects Existing or Planned Bicycle/Pedestrian Facilities Not Present Source: Leesburg Town Plan Socio-Economic Comments: Minority populations are present within the study area, but are not anticipated to be disproportionately impacted as the project does not involve relocations or changes in access (see Appendix A: Environmental Justice Analysis). New access to the Leesburg FC Complex will be provided but the soccer fields will not be impacted. The ballfields at John W. Tolbert Elementary School will not be impacted or have access changes. No community services have been identified within the project area. Current land uses surrounding the proposed project area include a mixture of vacant land and commercial/retail uses. The Town of Leesburg is currently developing a Small Area Plan that reconsiders future land use in the area and designates the property in the northwest quadrant of the project area for mixed-use development. There are no existing bicycle/pedestrian facilities along Battlefield Parkway between Russell Branch Parkway and the entrance to the Marketplace at Potomac Station shopping center. Leesburg's Comprehensive Plan calls for bicycle/pedestrian facilities in this location. The project will provide a new sidewalk and shared-use path, completing the link in the Town's bicycle/pedestrian network. Use of 4(f) Property: No Source: VDOT Integrator, Loudoun County WebLogis GIS Review 6(f) Conversion: Acres of Conversion: SECTION 4(f) and SECTION 6(f) 4(f) Comments: There are no 4(f) resources in the vicinity of the project. 6(f) Comments: There are no 6(f) resources in the vicinity of the project. Section 106 Effect Determination: NO EFFECT CULTURAL RESOURCES Name of Historic Property: N/A DHR Concurrence date: 02/22/2018 MOA/PA Execution Date: None Cultural Resource Comments: The Virginia Department of Historic Resources (VDHR) has concurred with VDOT s findings: (1) that archaeological sites 44LD1752, 44LD1753, and 44LD1786 are not eligible for listing on the National Register of Historic Places (NRHP); (2) that previously recorded architectural resources # and # are now demolished, and that # was previously determined not individually eligible by the VDHR in 2008; (3) that architectural resources # , # , # , and # are not individually eligible for the NRHP; (4) that the Ball s Bluff Battlefield, architectural resource # , is partially within the area of potential effect (APE); however the project s APE is located outside of any American Battlefield Protection Program potential National Register or expanded National Historic Landmarks battlefield limits; (5) that no potential historic districts are present in the APE; and (6)that the project will have No Effect upon historic properties Page 2 of 6

3 Are Waters of the U.S. present? Yes Linear Feet of Impact: Approximately 1311 NATURAL RESOURCES Federal Threatened or Endangered Species: Northern Long-Eared Bat (Myotis septentrionalis)-federal:ft-present with no impact Tri-colored Bat (Perimyotis subflavus )-Federal:SOC-Present with no impact Little Brown Bat (Myotis lucifugus lucifugus )-Federal:SOC-Present with no impact 100 Year Floodplain: Present with no impact Regulatory Floodway Zone: Not Present Public Water Supplies: Not Present Are any tidal waters/wetlands present? No Wetlands: Present with impacts Tidal Acres of Impact: 0 Tidal Wetland Type: None Are any Non-Tidal Wetlands Present? Yes Non Tidal Acres of Impact: 1.3 Non Tidal Wetland Type: Emergent Are water quality permits required? Yes Total Wetland Acres of Impacts: 1.3 Natural Resource Comments: A search of VDOT's GIS Integrator database indicates Department of Natural Heritage (DNH) sites, Brook Floater Mussel (State Endangered), Green Floater Mussel (State Threatened), and habitat for the Green Floater Mussel are all found within two (2) miles of the proposed project. This project is within the Tuscarora Creek watershed. Due to distance, concerns to potential mussel habitat in Goose Creek and the Potomac River are not anticipated. VDOT s GIS Integrator also identified the Northern Long-eared Bat (Federal Threatened), Tri-Color Bat (State Endangered), and Little Brown Bat (State Endangered) within the search area; however, no known roost trees and no hibernacula for this species are located near the proposed project. A search of the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Coordination (IPaC) database identified the Northern Long-eared Bat (NLEB) as the only protected federal species within two (2) miles of the proposed project. A project review package and self-certification letter with a May Effect determination relying on the finding of the January 2016 Programmatic Biological Opinion for Final 4(d) Rule for the NLEB and Activities Excepted from Take Prohibitions was submitted to USFWS for review; USFWS did not respond with comments within 30 days signifying concurrence with the determination. The project has the potential to impact several intermittent and perennial stream systems that flow into Tuscarora Creek. Wetlands, primarily palustrine emergent (PEM), are associated with these streams. Unavoidable impacts to Waters of the U.S., including streams and wetlands, will require water quality permits in support of 401 and 404 of the Clean Water Act. The Virginia Department of Health Office of Drinking Water (VDH ODW) identified one (1) public groundwater well within a one (1)-mile search radius from the project. Based on the proximity of well location to the project, no impact is anticipated. The project is not within the watershed of any public surface water intakes. Open Space Easements: Not Present Agricultural/Forestal Districts: Not Present Source: Project Definition Form AGRICULTURAL/OPEN SPACE Agricultural/Open Space Comments: A search of VDOT's GIS Integrator database indicated that no agricultural/forestal districts, nor Virginia Outdoors Foundation (VOF) open space easements, are present within the project area. Coordination with VOF, dated 12/04/2017, confirmed that there are no existing nor proposed open space easements within the immediate vicinity of the project. NRCS Form CPA-106 Attached? No NRCS Form CPA-106 not attached because: Land already in Urban use. Alternatives Analysis Required? No FARMLAND Source: Natural Resources Conservation Service (NRCS) coordination, dated 04/02/2018. Farmland Comments: Per coordination with the NRCS, the project area is committed to urban use and no prime or unique farmland will be affected. The project is required to develop and follow an erosion and sediment control plan Page 3 of 6

4 Invasive Species in the project area? Unknown INVASIVE SPECIES There is potential for invasive species to become established along the limits of disturbance of the project during and following construction. Section (c) of VDOT's Road and Bridge Specifications (2016) includes provisions intended to control noxious weeds (which includes non-native and invasive species). While rights-of-ways are at risk from invasive species colonization from adjacent properties, implementing the above provisions would reduce or minimize potential for introduction, proliferation, and spread of invasive species. Additionally, the implementation of best management practices for erosion/sediment control and abatement of pollutant loading would minimize indirect impacts to adjoining communities and habitat by reducing excess nutrient loads that could encourage invasive species proliferation. Invasive Species Comments: The Virginia Department of Conservation and Recreation (DCR) has only general information about the distribution of invasives. Many invasive plant species are adapted to take advantage of soil disturbances and poor soil conditions. Non-native invasive plants are found throughout Virginia. Therefore, the potential exists for some VDOT projects to further the establishment of invasive species. Minimizing soil disturbance will help to inhibit the establishment of invasive species. Air Quality Status and Regional Conformity AIR QUALITY Jurisdiction Description: This project is located within a Marginal 8-hour Ozone Nonattainment area, and a volatile organic compounds (VOC) and nitrogen oxides (NOx) Emissions Control Area. As such, all reasonable precautions should be taken to limit the emissions of VOC and NOx. In addition, the following VDEQ air pollution regulations must be adhered to during the construction of this project: 9 VAC 5-130, Open Burning restrictions; 9 VAC 5-45, Article 7, Cutback Asphalt restrictions; and 9 VAC 5-50, Article 1, Fugitive Dust precautions. Exempt Status The project is of the type that would be exempt from conformity, as outlined in section of the transportation conformity regulation. Therefore, CO, PM, and MSAT analyses are not required for either conformity purposes (per EPA regulation) or NEPA (per FHWA guidance, and VDOT programmatic agreements with FHWA and corresponding protocols specified in the VDOT Resource Document.) Exempt under 40 CFR , Table 2, Safety - "Projects that correct, improve, or eliminate a hazardous location or feature". The project purpose and need statement ( from District staff 9/1/2017) cites safety as its first point, as follows: "Improve safety and pedestrian/vehicle flow, and allow Route 7 to function as a limited-access freeway..." According to District staff ( 9/7/2017), "In regard to proposed safety mitigation, generally grade separated interchange increase safety over an at grade intersection that exist now". A link was also provided to a ranking of worst-intersections in 2014, which had this intersection at the top of the list. See: Noise Scoping Decision: Type I - Noise study required Barriers Under Consideration? No NOISE Noise Comments: A Preliminary Noise Analysis was completed for this project. Noise modeling was completed for Existing (2015), No- Build (2040), and predicted Design Year (2040) Build conditions. Under Design Year (2040) Build conditions, a total of one receptor representing a basketball court is anticipated to experience noise impacts. A barrier was evaluated in an attempt to mitigate Design Year (2040) Build noise impacts at this location. The results of the Preliminary Noise Analysis concluded that the noise barrier was feasible, but not reasonable under VDOT s State Noise Abatement Policy. Therefore, noise abatement is not currently recommended for this project. No considerable, long-term construction related noise impacts are anticipated. Any noise impacts that do occur as a result of roadway construction measures are anticipated to be temporary in nature and would cease upon completion of the project s construction phase. Further study may be completed in Final Design to refine the abatement options Page 4 of 6

5 Residential Relocations: No Commercial Relocations No Non-Profit Relocations: No Right of Way required? Yes RIGHT OF WAY AND RELOCATIONS Fee Simple: 14.4 Temporary Easement: 10.1 Permanent Easement: 0.1 Utility Easement: 0 Amount of Right of Way Acreage: 24.6 Septic Systems or Wells: Present with impacts Hazardous Materials: Present with impacts Source: Public Hearing Plans, Loudoun County Health Department, VDOT Integrator, American Society for Testing Materials (ASTM) Phase I Environmental Site Assessment (ESA) ROW and Relocations Comments: A total of approximately 24.6 acres of right of way are anticipated to be required for the project, of which 14.4 acres are fee simple, 0.1 acres are permanent easements, and 10.1 acres are temporary easements. No families, persons, businesses, farms, or non-profit organizations will be displaced as a result of this project. A Phase I ESA, completed for the project in December 2017, identified six (6) recognized environmental conditions (RECs) with the potential to impact soil and/or groundwater resources in the project area. The Phase I ESA recommends that a Phase II ESA be completed at selected locations. If any solid or hazardous waste is generated/encountered during construction, all applicable federal, state, and county regulations for their disposal will be followed. A number of private wells and septic systems were located near the project area. Any septic or well that has not been abandoned could collapse under the weight of heavy machinery and will require a permit for abandonment if the systems are no longer in use or have been determined to be demolished. CUMULATIVE AND INDIRECT IMPACTS Present or reasonably foreseeable future projects (highway and non-highway) in the area: Yes Impact same resources as the proposed highway project (i.e. cumulative impacts): Yes Indirect (Secondary) impacts: Yes Source: VDOT Project Manager, NoVA District Transportation Planning Section, VDOT Six Year Improvement Program, Constrained Long Range Plan Cumulative and Indirect Impacts Comments: Reasonably foreseeable actions within or in close proximity to the project study area include: Battlefield Parkway Shared Use Path at Route 15; Route 15 Interchange at Edwards Ferry Road and Fort Evans Road; Battlefield Parkway Route 15 to Dulles Greenway; and Belmont Ridge Road Widening from Hay Road to Gloucester Parkway, among others. Indirect impacts of the project include increased economic growth due to improved traffic circulation and urbanization. The intensity of the incremental impacts of the project are considered small when viewed in the context of impacts from other past, present, and reasonably foreseeable future actions, and would not rise to a level that would cause substantial cumulative and indirect impacts. Substantial Controversy on Environmental Grounds: No Source: Agency Scoping Comments, Public Hearing Comments Public Hearing: Yes Type of Hearing: Design Public Hearing Other Public Involvement Activities: Yes PUBLIC INVOLVEMENT Type of Public Involvement: Public Information Meeting (PIM), Notice of Public Availability Public Involvement Comments: A PIM was held for the project on Tuesday, May 16, 2017 at John W. Tolbert Elementary School in Leesburg, VA. The PIM was followed by a comment period ending May 31, 2017 that resulted in 11 public comments. A Design Public Hearing (DPH) was held on Wednesday, March 7, 2018, also at John W. Tolbert Elementary School in Leesburg, VA. The comment period for the DPH ended March 17, Of the 38 public comments received, one comment was about noise levels from cars and trucks. VDOT will post a 15-day notice of document availability for the CE following completion of the NEPA document Page 5 of 6

6 State Agencies: Department of Environmental Quality DEQ - Air Division DEQ - Waste Division DEQ - Water Division Department of Conservation and Recreation Department of Forestry Department of Game and Inland Fisheries Department of Health Department of Historic Resources Department of Mines, Minerals and Energy Virginia Marine Resources Commission Virginia Outdoors Foundation Local Entity: Loudoun County Board Of Supervisors Loudoun County Health Department Loudoun County Administrator Leesburg County/City Planner Loudoun County/City Planner Loudoun Economic Development Office Leesburg Economic Development Office Leesburg County Administrator Loudoun Fire and Rescue Loudoun Housing Director Leesburg Mayor Loudoun Office of Transportation Leesburg Parks and Recreation Loudoun Parks and Recreation Leesburg Planning District Loudoun Planning District Leesburg Public Works Loudoun Public Works Loudoun School Leesburg Town/City Manager Other Coordination Entities: Virginia State Police Department Church of the Holy Spirit Harper Park Middle School John W. Tolbert Elementary School Loudoun County Department of Fire and Rescue Loudoun County Sheriff's Office Loudoun Water Potomac Hills Presbyterian Church COORDINATION Federal Agencies: Natural Resources Conservation Service U.S. Fish and Wildlife Service U.S. Army Corps of Engineers This project meets the criteria for a Categorical Exclusion pursuant to 40 CFR and 23 CFR and will not result in significant impacts to the human or natural environment Page 6 of 6